Virginia Metal Detecting Laws

ATPRoDon

Full Member
Nov 26, 2007
132
88
Griffin, GA
Detector(s) used
Whites Surf PI, Whites V3i, Minelab Equinox 800
Primary Interest:
All Treasure Hunting
One thing that always keeps me from venturing out to MD in the Maryland/DC/Virginia area is so much talk about laws because of the rich Civil War history here. Well I decided to start to check things out for myself, because I am serious about MDing and want to do it the right way

. Here is what I have found out that might help the rest of you:

1) Federal Land - obviously a no-no
2) Private Land - Sure if you have permission from the owner
3) Virginia Cities, Counties...etc..etc...Well there is a great website to go to which list many of the city and county Municipal codes
and can be found at http://www.municode.com
4) I have researched that entire site for the State of Virginia putting in the words "Metal Detecting" and here is what I have come up with:

City of Alexandria

Sec. 13-1-40 Metal detecting and digging on city property.
(a) Except as provided in subsections (b), (c) and (d), it shall be unlawful for any person, while located on city property, to:
(1) possess or use a mineral or metal detector or any other device or probe to search for objects in, on or below the surface of the soil;
(2) dig, excavate or in any other way disturb the surface of the soil;
(3) remove any object found in, on or below the surface of the soil.
(b) Notwithstanding the prohibitions in subsections (a)(1) and (a)(3), permission may be obtained from the director of the department of recreation, parks and cultural activities, or his designee, to use a metal detector on city property to locate and recover a specific item of personal property which has been lost by the person requesting such permission.
(c) Notwithstanding the prohibitions in subsection (a)(2), permission to dig on or excavate specific city property may be granted by the city manager, after review of and favorable recommendation on the request by the city archaeologist. Any objects found as a result of such permitted digging or excavation shall remain the property of the city. Any person receiving permission under this subsection shall, at the completion of the work, restore the city property to its previous condition.
(d) This section shall not apply to activities conducted by city employees during the course of their duties.
(e) Any person violating this section shall, upon conviction, be guilty of a class three misdemeanor. Each day that a violation continues or occurs shall constitute a separate offense. (Ord. No. 3355, 1/14/89, Sec. 1)

City of Fredericksburg

Except as may be contained on a permit issued under this section, no person shall possess or use a mineral or metal detector, magnetometer, side scan sonar or other metal detecting device or sub-bottom profiler on city property within the boundaries of the city or on property owned by the city located outside the city boundaries. This section shall not apply to a device broken down and stored or packed to prevent its use while on city property or to electronic equipment used for the navigation and safe operation of boats.
(f) Any person who violates any provision of this section shall, upon conviction, be guilty of a class 1 misdemeanor.

Glouchester County

Chapter 13.5 PUBLIC PARKS AND RECREATION FACILITIES
Public parks and recreation facilities means any and all buildings, lands and waters, including roadways, recreation equipment, structures and the flora and fauna therein, owned, leased or operated under the jurisdiction of the county as a park or recreation area and open to the general public for park or recreation purposes. This definition includes, but is not limited to, Abingdon Park, Ark Park, Beaverdam Park, Tyndall's Point Park, Woodville Plantation Park, Gloucester Point Beach and Cedar Bush Creek Public Landing.
Sec. 13.5-23. Use of electronic metal-detecting devices.
No person shall utilize any type of electronic metal-detecting device prohibited in any recreational facility.
City of Hopewell

Sec. 25-61. Preservation of natural, cultural and archaeological resources.
(a) Prohibited. The following is prohibited on public streets, roads, sidewalk areas, alleys, parks, rights-of-way, and other municipally owned lands;
(1) Possessing, destroying, injuring, defacing, removing, digging or disturbing paleontological specimens, cultural, historical or archaeological resources, or parts thereof, residing on said public or municipally owned lands.
(2) Using a mineral or metal detector, magnetometer, side scan sonar, other metal detecting device, or subbottom profiler, unless such a device is utilized by city personnel, or by a utility company to locate underground pipes, lines, cables or other conduit.
(b) Penalty. Any person who violates subsection (a) of this section without permission of the city shall, upon conviction, be fined a sum of not more than five hundred dollars ($500.00) or be imprisoned for a period of not more than ninety (90) days, or shall suffer both fine and imprisonment, in the discretion of the court.

City of Manassas

Sec. 78-80. Hunting for relics on public property.
It shall be unlawful for any person, without authority of the city council, to hunt, search out for, attempt to find or seek relics, or to use or be in possession of a metal detector on public grounds or property.
(Code 1978, § 21-37.1)
Cross references: Streets, sidewalks and other public places, ch. 102.

City of Newport News

Sec. 29-20. Application of article; definitions.
(a) The rules and regulations embodied in this article shall apply to all park lands and waters, roadways therein, recreation facilities, structures, monuments and fountains, bathing beaches, golf courses and the flora and fauna located on park or recreation property and in waters owned by or under the jurisdiction of the city.
(b) As used in this article, the term "director" means the director of parks and recreation or his duly authorized representative.
(c) As used in this article, the term "recreational facility" shall be construed to mean and include all areas named in section 29-20(a).
(d) As used in this article, the term "member" means those individuals with permanent addresses in the Commonwealth of Virginia.

Sec. 29-49. Use of electronic metal-detecting devices.
No person shall utilize any type of electronic metal-detecting device in any recreational facility without first obtaining written approval from the director.

City of Petersburg

(d) It shall be unlawful for any person, without authority of the city council, to hunt, search out for, attempt to find or seek relics, or to use or be in possession of a mineral or metal detector, magnetometer, side scan sonar or other metal detecting device or sub-bottom profiler on city-owned property within the boundaries of the city or on property owned by the city located outside the city boundaries.
(e) Any person violating this section shall be guilty of a class 1 misdemeanor; provided, however, that the approval of the owner, his agent, tenant or lessee, or the superintendent or custodian of such park or sanctuary afterwards given in writing or in open court shall be a bar to further prosecution or suit.

City of Williamsburg

(f) No person shall appropriate, excavate, injure, search for, remove or destroy any historical ruin, monument or area or any object of antiquity situated in any recreational facility, nor shall any person operate on park premises any type of electronic metal detecting device without first obtaining written approval from the director of parks and recreation. Upon conviction, such locating devices shall be forfeited to the city and may be seized by an officer as forfeited, and as may be needed for historical purposes, such devices shall be devoted to that purpose.

Heck, there were not as many laws on the books as I had thought, and since I live in Prince William County I am going to hit it hard and heavy since I have not seen any laws to say otherwise. Even a couple of the cities you see above state you can get permission from the Parks director. I have also not looked at Virginia State laws which in many of the municipal codes they referenced. Well maybe next I will look at the Maryland Codes or somebody else could do it but this is a start.

XTerra-Don
 

DCMatt

Gold Member
Oct 12, 2006
10,356
13,478
Herndon Virginia
Detector(s) used
Minelab Equinox 600, EX II, & Musketeer, White's Classic
Primary Interest:
Metal Detecting
Don,

I have been in contact with the Fairfax county department of History Resources. I can't remember the exact wording of the law in Ffx, but it didn't use the words "metal detector". It IMPLIES metal detector in a very broad statement about searching for, disturbing, and/or removing "relics". Relics are described as ANYTHING that indicates human inhabitants. Technically, it means you can't even pick up a soda can or cigarette butt with the possibility of facing class 1 misdemeanor charges for the first offense.

This includes any government (city, county, state, federal) owned property - even road easement. The Virginia state code grants local jurisdiction.

That said, I have a friend with the county police department. He said you probably would NOT get arrested (except in battlefield parks) unless somebody in the local government made a big stink about it.

Still confused now? I am...

So I hunt private property, with permission, almost exclusively. Then I don't have to worry about the law.

DCMatt
 

Gen. Breckinridge

Jr. Member
Feb 26, 2007
94
1
Southwest Virginia
Detector(s) used
White's MXT SunRay DX-1 Garrett ACE 250, Fisher VLF-555D Pro, Fisher VLF-552D
Boy am I glad I live out here in the SW portion of the state! Except for the State Parks where permits are required about all other public land (except Federal) is free game including public parks, school grounds, town parks and playgrounds, county land, town property, etc. As to private land we always ask first but have had few turn downs. Big Brother is in the eastern part of the state and I hope he stays there!

Ken
 

LadyDigger

Bronze Member
Jun 7, 2006
2,188
51
Virginia Beach
Detector(s) used
Garrett Ace 250
SkullHunter...yep....we sure are....

I called the VA BEACH CITY OFFICE (several times on different days)...and was told the same thing:

There are no laws on the books. We are free to metal detect. Have respect for those on the beach when they are sunbathing (in other words...don't tick off the cities monies!!)...private land of course, with permission. She even said you can hunt the mediums...but the police might chase you off, more for safety issues!

The City of Chesapeake is the same way. Even called the person in charge of both the Va Beach and Chesapeake parks and was told all were open to metal detecting, just cover your holes. I do the parks from time to time and I let them know what I find. Nothing that is considered "historical" though, just your average piece of jewelry (usually junk) and clad.

As for Federal Land, I have been given permission to hunt at two of the Naval Bases here. I went through the Security Officer of the base.

Both the City Park Officials and the Security Officer gave me their names and numbers and said if I had any problems to have that "problem" call them.

I have yet to venture into Norfolk...how are the hunts in your neck of the woods? Lots and Lots of awesome history lies in your backyard!!!! Not that we don't have that in my neck of the woods...but with battles and such....I think you have more history there...besides, Va Beach is building on every square inch of empty land here UGH!!!!!!!!!!!!!!!!!!!!!!

Happy Hunting ya'll,
Annmarie

PS: only the park officials and the security officer know my name...any other calls, I never stated who I was, where I was or anything :) and of course, on base, RESTRICTED AREAS are just that!!! ;)
 

borninok

Bronze Member
Mar 29, 2007
1,184
13
Kerrville, TX
Detector(s) used
White's DFX: Minelab Excalibur 1000
XTerraDon,
Good post and info. Living here in Manassas, I can attest for the MD restrictions...no public land...to include tot lots, school grounds, etc.

DCMatt,
Give you a good hint...FFX will not allow in the tot lots, county parks, school grounds, etc. And yes, you can be arrested...or banned from said areas. I was booted out of Fairfax County Park earlier this year...was trying to MD a torn up soccer field. After getting booted off, I checked with the FFX County Police substation in Reston. Was referred to FFX Park Authorities.
--Mel

borninok
 

BobinSouthVA

Bronze Member
Mar 1, 2007
1,655
107
SE Virginia
Detector(s) used
Minelab Explorer SE Pro / Whites Prism II
Yeah its kind of hard finding public land to hunt on down here. I stick with private properties mostly and have gotten enough "yes" answers to keep me busy for a while. I just try to mention MDing in conversations with folks and it usually gets me leads and permission.

Ron and Ann: Thanks for the info about chesapeake and VA beach. Good stuff to know. Any idea if it is allowed south of the public park in Sandbridge, where the fishing and ATV section is? We take the kids quite often, great beach but the hotels are starting to move in much too quickly.

As far as Norfolk goes I have sent a message to the Parks and Rec person to see about hunting a park down there (which is probably hunted out ;D ). He responded that he did not know but would get back to me with an answer but that was 4 months ago.
 

newbieprospector

Full Member
Jun 22, 2006
152
30
Williamsburg, VA
Primary Interest:
All Treasure Hunting
Ron and Ann said:
As for Federal Land, I have been given permission to hunt at two of the Naval Bases here. I went through the Security Officer of the base.

Nice! I've been lucky enough to get permission to MD on several military bases throughout the years. Only once have I been told no (an Air Force base) and that was because the Security Officer there was familiar with the law - not at all on Federal Land. Anyway, for those of you that can get permission at places like this, don't forget to try to get it in writing, it could just save your gear when that Legal Officer drives/hikes by and sees you! ;)
 

skullhunter.va

Jr. Member
Jun 22, 2007
44
1
norfolk.va
Detector(s) used
xlt
as far as norfolk i have'nt had any promblems.in any public parks,schools,beach.same thing when i venture into va.beach, suffolk.
 

JC dig's

Sr. Member
Jul 10, 2007
305
1
Culpeper,Va
Detector(s) used
fisher 1236x / whites xlt / garret ace250
i go to a local school now and then and have had no problems, however, i did'nt ask and nobody asked any questions i even saw the sheriff go by a couple of times he did'nt even slow down. this was on a sunday early so there was'nt many people out yet. there is a park close to me here in culpeper that won't even let you have a detector in yor vehicle.

I think the county gov. needs to concentrate on the gang infiltration and other problems in our society and not people having "inocent fun"
- just a thought
 

Gen. Breckinridge

Jr. Member
Feb 26, 2007
94
1
Southwest Virginia
Detector(s) used
White's MXT SunRay DX-1 Garrett ACE 250, Fisher VLF-555D Pro, Fisher VLF-552D
I had an uncle who lived in Culpeper back before everthing got politically correct and he found tons of relics. That was about 45 years ago. He has since passed on but his two sons are still alive but I have lost contact with them. I'd love to know if they have any of his relics left.
 

JC dig's

Sr. Member
Jul 10, 2007
305
1
Culpeper,Va
Detector(s) used
fisher 1236x / whites xlt / garret ace250
Well, I know that there is still plenty of relics in Culpeper, you just have to have a place to go...
 

Gen. Breckinridge

Jr. Member
Feb 26, 2007
94
1
Southwest Virginia
Detector(s) used
White's MXT SunRay DX-1 Garrett ACE 250, Fisher VLF-555D Pro, Fisher VLF-552D
JC,
I have found that local governments as well as at the state and federal level go for the easy targets... kind of like whistling through the graveyard. Here where I live, within a year our battlefield will be covered completely by a new Super Wal-Mart with the associated shopping center and a hospital. The Historical society has been thrown out of their home which is a county owned building and they have no place to go so their fine displays are having to be put in storage. Of course money is driving the entire rape of history here but that is America today.

The irony of it is that we, the metal detector enthusiasts, may in an unique way come out on top for we will be the only ones who have the relics of our history and can show them to the public. Part of my collection is on loan to a local business and the owner says the display is an attention getter for him. With the historical society shut down there is no where else to see real relics of the local Civil War battle.

I don't know where this is going and at the age of 61 I probably won't live to see the worst of it but I see no good in the near future as far as preserving history. One day the protected battlefields will, I believe, have their own hunts since no one can justify leaving the relics in the ground and possibly sell them to keep the battlefield parks open.

When I grew up here the battles that took place in our county were never mentioned in history classes. Now it looks like they were ahead of their time since now our entire history is trying to be sent off to the landfill, hidden under some huge parking lot or stuffed away in some storage warehouse.

And as those of us who have a genuine interest in local history die off there will be no one to take our place since local history will be totally forgotten with us gone. It reminds me of the comparison of the present day metal detectors vs the detectors of the late 1970s and early 1980s. The machines today are not as good as the old machines for a simple reason. While the computers inside these new machines are jumping around with a little bit of ground mineralization or rusted iron in the ground the old machines ignored it and find the deep stuff that the new machines ignore as they process the mineralization. Just this past weekend a friend who has a new machine and I hunted an area right beside the old battlefield. He is well versed in the use of his machine and although I own the exact same model I hunted with an old Fisher VLF-555D. To make the test fair I hunted behind him by about 30 feet. The results amazed even me! He found no relics while I found a handfull of mini-balls and one button. He did find a memorial penny from the late 1970s but nothing more. Most of the relics were at about 6-8" while his penny was at 3". I even reburied one of the mini-balls and his machine didn't give out a peep. Progress!

Take care my friend and I hope you get on some good land around Culpeper and preserve your local history.
The General
 

Larsmed

Sr. Member
Jan 10, 2007
440
45
Greencovesprings, Florida
Detector(s) used
Tesoro Sandshark, bh jr.
Primary Interest:
Beach & Shallow Water Hunting
Hey

I used to live in Va and know for a fact if you are caught in Williamsburg, dont expect to get your property back!!! We are talkin major historical land!!

I would say anything between williamsburg and richmond is fair game. And anything below williamsburg.

Larry
 

OP
OP
ATPRoDon

ATPRoDon

Full Member
Nov 26, 2007
132
88
Griffin, GA
Detector(s) used
Whites Surf PI, Whites V3i, Minelab Equinox 800
Primary Interest:
All Treasure Hunting
Larsmed said:
Hey

I used to live in Va and know for a fact if you are caught in Williamsburg, dont expect to get your property back!!! We are talkin major historical land!!

I stated it in my original post....you will lose your MD.

Cheers,

XterraDon
 

sndman60

Full Member
Jan 31, 2008
201
8
Williamsburg, VA
Detector(s) used
Whites DFX 300
Maybe I read something differant within this post. From what I read, it clearly states if you don't have any private property to detect on, then any metal detecting device you own might as well be a paper weight.
 

ReidMan

Full Member
Jul 16, 2008
238
116
Hampton, VA
🏆 Honorable Mentions:
1
Detector(s) used
F75 main, Infinium water, TDI red dirt, 1266x if I feel like digging iron.
Primary Interest:
Relic Hunting
Well the real shame of this is most of the historic areas are only off limits to us, the developers don't seem to have problem getting permits to build malls, housing developments or parking lots. I have seen a lot of history go under a bull dozer in an off limits place. Just yesterday I watched the construction across from Kingsmill on 199 in Williamsburg.
Same area I have seen old colonial foundations in. No one even looked at the site for Archaeological finds, that would only slow down the developers! There was a wharf site in old Hampton here that they build a hotel on, they checked over the foundation for a few days didn't have the money to excavate it gave the go ahead and built a 10 story hotel parking garage. History is being lost alright it's not to us but to progress. Seems to me sell a permit, have you turn items in to rangers, if they need it for a museum great put my name on it and I will proudly show my friends what I found in the museum. if not give it back and I will show it at home. I remember a story from Yorktown where a child found a musket barrel sticking out of the ground after a big rain, the parents got a park ranger who promply covered it back up with dirt, like it will get better left in the ground. He told them they had a whole storage room full of this stuff and no room to show it all.
Well I ranted enough thanks. Reid
 

DCMatt

Gold Member
Oct 12, 2006
10,356
13,478
Herndon Virginia
Detector(s) used
Minelab Equinox 600, EX II, & Musketeer, White's Classic
Primary Interest:
Metal Detecting
ReidMan said:
Well the real shame of this is most of the historic areas are only off limits to us, the developers don't seem to have problem getting permits to build malls, housing developments or parking lots. I have seen a lot of history go under a bull dozer in an off limits place. Just yesterday I watched the construction across from Kingsmill on 199 in Williamsburg.
Same area I have seen old colonial foundations in. No one even looked at the site for Archaeological finds, that would only slow down the developers! There was a wharf site in old Hampton here that they build a hotel on, they checked over the foundation for a few days didn't have the money to excavate it gave the go ahead and built a 10 story hotel parking garage. History is being lost alright it's not to us but to progress. Seems to me sell a permit, have you turn items in to rangers, if they need it for a museum great put my name on it and I will proudly show my friends what I found in the museum. if not give it back and I will show it at home. I remember a story from Yorktown where a child found a musket barrel sticking out of the ground after a big rain, the parents got a park ranger who promply covered it back up with dirt, like it will get better left in the ground. He told them they had a whole storage room full of this stuff and no room to show it all.
Well I ranted enough thanks. Reid

Reidman,

You are right on! There is a small battlefield park a few miles from me. Of course it is only a fraction of the actual battle area, but still strictly off limits for detecting. Recently, they put up a bunch of no trespassing signs and fence around it. Then the bulldozers came in to make "improvements" to the park (a bike or foot path or something...). They scrapped off the top 6 - 10 inches of most of the area. That's what I call preserving history!

I also read part of a report from the Virginia Department of Historical Resources. They were wondering what to do with all the CW bullets they have recovered that are now just taking up space in a warehouse. :icon_scratch: Maybe they should put them back in the ground! That makes as much sense as many of the decisions they make. :D

DCMatt
 

dmc161

Jr. Member
Dec 8, 2007
23
0
Fremont, CA
Detector(s) used
MXT
Does anyone know if you are allowed to metal detect on the beaches (specifically the VA Beach boardwalk/resort area) at night? We will be visiting my daughter at the end of the month and will be busy during the days with the granddaughters and will probably hit the beach after the sun goes down and the crowds are gone. We stayed on the beach the last time we were there and it seemed like people were roaming around the beach at all hours so I'm assuming the beach is open to the public 24/7. We're in Calif. and typically detect the Santa Cruz Boardwalk beach at night after the boardwalk closes since it doesn't close at sunset like the State beaches do.
 

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